ICHREE’s recent report written in breach of principles of independence, impartiality

Addis Ababa, September 20, 2022 (FBC) – Resolution s-33/1 of 17 December 2021 was adopted after Ethiopia had already accepted the recommendations of the Joint Investigation Report of the EHRC-OHCHR; established the Inter-Ministerial Taskforce (IMTF) to comprehensively deliver on accountability and redress measures; and initiated an independent criminal investigation.

The Government of Ethiopia expressed its commitment to collaborate with any human rights mechanism, including the ICHREE, where such engagement is founded on a genuine objective of protecting human rights. As such, in May 2022, a high-level GoE delegation met with ICHREE in Geneva, to meet with the ICHREE.

The Government received the ICHREE for a visit to Ethiopia in July 2022 – to discuss modalities on possible future investigations by the ICHREE in northern Ethiopia and hold meetings with a wide range of interlocutors in Addis Ababa.

The ICHREE had arrived in Addis Ababa with a preconceived notion of incriminating ‘findings and conclusions’. Despite the positive ambiance created during the meetings, the communication it issued shortly after departing from Addis Ababa – regarding the process of the dialogues and engagements with government officials – betrays its true intentions.

However, on September 19, 2022, the International Commission of Human Rights Experts on Ethiopia (ICHREE) issued a report which was written in breach of all principles of professionalism, independence, impartiality, and standards of proof entailed in any such process under international practice.

The report was wholly inconsistent with the high-spirited engagement, promises, and good faith understanding that transpired on the occasion of the meetings.

It is obvious that November 3, 2020, will be remembered forever as a tragic historical milestone; on this occasion – Ethiopian soldiers – from all ranks and files – who had been deployed in the region for more than 20 years – were betrayed, despicably massacred, and kidnapped by fellow brothers-in-uniform. But, ICHREE report is written in a way that contradicts this reality.

The ICHREE admitted that it conducted ‘most of its interviews remotely, conducting XX interviews with victims, survivors, witnesses, and other key interlocutors’; it also submitted to have ‘examined additional sources, including satellite imagery, print, and audio-visual material, and open-source information’ and ‘… reviewed confidential submissions from a variety of stakeholders’.

Looking at the factual and legal analyses, findings, and conclusions of the ICHREE in relation to the ‘three incidents’ and ‘two themes’ which it identified, the GoE could not help but observe that the Commission’s work was attended by fundamental flaws in methodology and standards of proof as applied by human rights investigation bodies in similar undertakings.

the methodology for gathering the information such as face –to-face interview and documents, field missions that would be carried out (where, when, who), information requirements of the investigation, and the type and extent of information needed to meet these requirements.

Admitted that… without any direct access to persons or entities in these jurisdictions, the ICHREE submitted that it undertook a virtual investigation’ and managed to gather the information that leads to the detailed factual findings and conclusions featured in the report.

Best practice and the UN Guideline dictate that typically the requirement of corroboration would be met by any investigation if it obtains concurring information from two other independent and reliable sources – and in case of information from a reliable primary source, a corroboration availed by one additional independent and reliable source.

The ICHREE failed to adhere to such objective principles in organizing its report.  In this light, the GoE holds that the findings of facts established by the ICHREE as incriminating any of its agencies are informed by a hugely subjective exercise and sub-standard criteria of proof – and hence unacceptable.

It should also be noted that while the ENDF took effective control of Mekelle on November 28, 2020, its advance towards the city was met only with sporadic resistance from TPLF and its affiliates; the fighting was not of such a scale as to warrant the deployment of heavy artillery and shelling.

The Commission does not offer an exhaustive record of the main incidences and had deliberately intended to conceal violations committed by the TPLF in Amhara and Afar regions.

Following the declaration of the unilateral ceasefire by the Federal Government, TPLF forces escalated the war into the Amhara and Afar regions; they marched about 400 kilometers into the Amhara region. The war continued until late December 2021. In the Amhara region alone, TPLF forces invaded North and South Wollo Zones, Wag Himra Zone, South and North Gondor Zones, Oromo Special Zone, and North Showa Zone.

TPLF’s invasion resulted in enormous losses – human and material. A pending investigation found that not less than 2000 civilians have been victims of extra-judicial killing by TPLF forces, more than 1000 civilians were inflicted with bodily harm, and more than 400 civilians were treated inhumanly. More than 2000 women and girls were raped and exposed to various forms of sexual violence.

The scale of the property damages, destruction, and looting inflicted by TPLF forces is beyond measure. Churches and other religious sites were also destroyed and used as military camps and fighting sheds.

Millions of ethnic Amharas were displaced from their homes. In the grander scheme of injuries, the massacres perpetrated in Kobo, Chena, Agamsa, Maikadra, Antsokiya-Gemza, Qewot, Mersa, and Delanta stand highest as the most heinous crimes. These incidences have received widespread coverage in national and international media outlets that reported horrific transgressions based on the accounts of eyewitnesses, survivors, victims, and satellite images.

ICHREE had already claimed that it was not endeavoring to present a full account of all the aforementioned incidences.

It should be known that in Kobo alone, on 9 September 2021, TPLF fighters killed around 600 unarmed civilians, farmers, and laborers who had been working in nearby farmlands.

In respect of violations in the Tigray region, while the GoE remains committed to investigating and prosecuting any form of violation committed by the parties to the conflict, it was not able to do so since it has no access to the Tigray region. The region has remained under TPLF control since the unilateral cease-fire.

After the unilateral cease-fire and immediate withdrawal from the Tigray region on humanitarian accounts, the GoE has allowed and cooperated with INGOs and UN agencies to operate and provide services in the region – including medical services. Agencies were clustered by areas of specialization to mobilize their resource. At the time of the unilateral ceasefire, nearly 618 million worth of drugs were in stock in Tigray and 218.89 metric tons of medicine were delivered within a year from the cease-fire through INGOs – as the GoE has no physical access.

There were 40 international organizations working on the ground – per the UNOCHA report released on 6 August 2021. About 380,000 metric tons of food items were left in the Tigray region for those in need of food.

As the report of the Disaster Risk Management Commission (DRMC) discloses, 135,164 metric tons of food items, 16,883 metric tons of non-food items, 2.4-billion-birr, 828,425 liter of fuel, and 218,890 metric tons of medicines have been provided to 5.2 million people in Tigray region from July 2021 to 21 June 2022.

The Government of Ethiopia has repeatedly expressed its commitment to ensuring humanitarian aid reaches to all affected by the conflict, not just as selectively recommended by the ICHREE.

It is to be recalled that the government has brought perpetrators of violations of human rights to justice. The judicial and law enforcement institutions have the capacity to discharge their responsibility to investigate and bring to justice whoever is responsible for violations of international human rights law and international humanitarian law.

Moreover, Ethiopia is working closely with OHCHR in Ethiopia and other member of the international community to this end.